Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-21

Resolred, That the Legislature of the State of
California. at its regular session, commencing
on the third day of January, A. D. eighteen hun
dred and eighty-seven. two-thir6s of all the
members elected to each of the two Houses of
said Legislature voting in favor thereof, hereby
propose that Sections two and three, OF Article
VI, of the Constitution of said State, be
amended so as 10 read as follows:
SECTION 2. The Supreme Court shall consist of
seven Justices. The Associate Justices of the
Supreme Court in Office at the time OF the adOp-
ton of this amendment to the Constitution, are
hereby continued in office as Justices OF the gu
preme Court for the remainder of the terms 70
which they were respectively elected. The JUS
tees shall elect one of their number to be Chief
Justice, and he shall hold the Office of Chief
Justice of said Court for term OF two years.
AT the expiration of the term of the Chief JUS
tice first elected, and every two years thereafter,
the Justices shall elect Chief Justice for Il like
term of two years. An entry of the election of
such Chief Justice shall be made in the minutes
Of the Court and signed by four justices. When
ever thereafter a vacancy occurs i'll the office OF
Chief Justice, like election shall be had to
fill such office for the uneXpired term. The Su
preme Court may sit in departments or in bank.
and shall always be open for the transaction of
business. There shall be TWO departments, de
nominated respectively. Department One and
Department Two. The Chief Justice shall assign
three OF the Justices to each department., and
such assignment may be changed by him from
time to time. The Justices shall be competent to
sit in either department, and may interchange
with each other by agreement among them
selves or as ordered by the Chief Justice. Each
of the departments shall have the power to hear
and determine causes and all questions arising
therein, subject to the provisions hereinafter
contained in relation to the Court in bank. The
presence of three Justices shall be necessary to
transact any business in either of the depart
ments, except such us may be done at cham
berS, and the concurrence OF two Justices shall
he necessary to pronounce judgment. The
Chief Justice shall apporion the business 10
the dPpn rtmpntS and in mis- d Sprpfl0n
order any cause pending before the Court TO DE
heard and decided by the Court in bank. The
order may be made before or after judgment
pronounced by adepartment; but where cause
has been allotted to one of the departments, and
judgmer pronounced thereon, the ordermust
be made within thirty days after such judgment,
and eoDcurred in by two Justices, and if so
made it shall have the effect to yacate and set
aside the Judgment. Any four Justices may,
either before or after judgment by depart
ment order case to be heard in bank. If the
order be not made within the time above lin
tied, the judgment shall be final. No judgment
by department shall become final until the
expiration of the period OF thirty days a ore
said, unless approved by the Chief Justice, in
The Chief Justice may convene the Court in
bank at any time, and shall be the presid-
ing Justice of the Court when so con-
vened. The concurrence of four JUS
tees present at the argument shall be
necessary to pronounce Judgment il bank
but If four Justices, present, do not concur in
a Judgment, then all the JtftlceS qualified To SIT
in the cause shall hear the argument; but to
render a Judgment a concurrence of four Judges
shall hc necessary. In the determination of
causes all decisions of the Court in bank, or in
departments, shall be given in writing, and the
grounds of the decision shall be stated. The
Chief Justice may sit in either department, and
shall preside when sitting. but the Justices
assigned to each department shall select one of
their number as presiding Justice. In case of
the absence of the Chief Justice from the place
at which the Court is held, or his inability TO
act, the Associate Justices shall select one Of
their own number TO perform the duties and eX
ereise the powers o. the Chief Justice during
such absence or inability to act The Supreme
Court Commission, created by the Act OF the
Legislature approved March twelfth, eighteen
hundred and eighty-five, shall continue and be
a Supreme Court Commission for four years after
the adoption OF this amendment. said Com
mission may be confused for such time
passed by vote of twothirds OF the
elected members of each House of the
and approved by the Governor.
The members thereof ana secretary shall be APP |
pointed as in said Act provided; and such Com
missiouers shall be subject to removal IL like |
manner rs Judges of the Supreme Court said |
Commission shall have The same mower to hear |
and determine causes possessed By depart |
ment of the SuIremc Court; and causes may be |
assigned to the Commission in the same mail |
rer they are assigned TO a department, and after |
decision they may be ordered heard in bank In |
the same way, and with like restrictions as II /
decided in department. The iudsmeuts of the |
shall be entered as the judgments |
of the Court The Commission shall sit at such |
times and PAGES as may be designated by the |
Court but such Commissioners shall not exer-
else any judicial functions except When assem- |
bled as a Commission and then they shall only |
have the power to hear and determine suen |
causes as may have been assigned to them.
SECTION 3. The Justices of the Supreme Court |
shall be elected by the qualified electors OF the
ate at large, at the general State elections and
the times and places at which State officers are |
years from and after the first Monday after the |
first day of January next succeeding their cleo |
ton. Three Justices shall be elected for the full
term at the general State election held IN eight
cen hundred and ninety; aud at the general cleo |
ton held every fourth year thereafter, two |
Justices shall be elected for full terms of twelve
years. except that in every twelfth year there |
after, three Justices shall be elected for full |
terms. If the Chief Justice. or any Justice, be- /
comes permanently disqualified, either men |
tally or physically, to perform the duties of his
Office and such fact is certified to the Governor
BY five Justices, one of whom may be the Chief |
Justice in case of the disability of Justice, the
Office of such disqualified person becomes i'm
vacant, and he shall be paid retir-
ing salary of two hundred and fifty ESQ dollars |
per month for the remainder OF his term. III a 1
vacancy exist or occur in the Office of Justice,
the Governor shall appoint person TO mold the |
office for the remainder of the unexpired term.
office as Justice for the unexpired tenn OF the
late Chief Justice.